Mortgages and Divorce | Salt Lake City Utah

The Family Law Lawyers at Arnold & Wadsworth are here to help you protect your legal rights in your divorce. Our divorce attorneys in Salt Lake City offer a free consultation in order to assess your case and educate you on the issues you are facing. The attorneys at Arnold & Wadsworth will also provide you with a road map on how best to attack your case. Call today.

During 2008 everyone knows the housing market crashed. Having the housing market crash caused a lot of problems in the divorce world in Utah. The problems came from unpaid mortgages and how to deal with it in a court of equity. There were many clients that came to our divorce law firm to settle these problems. The mortgage problems usually shows its ugly head by a violation of a divorce decree or trying to negotiate a divorce decree.

If your ex-spouse is behind on mortgage payments you may be entitled to damages as a result of their breach of your divorce decree. There is a case in Utah that outlines a breach of the divorce decree when it comes to the mortgage; Gardner v. Gardner.

“The hold harmless provision at issue in this case does not differ in any material respect from those interpreted in the cases we have just examined. See generally Long v. McAllister–Long, 221 S.W.3d 1, 10–12 (Tenn.Ct.App.2006) (reasoning that “[a] hold harmless agreement … is generally classified as an indemnity against liability” agreement). As acknowledged in Long, a divorce decree is interpreted “according to established rules of contract interpretation” and its effect is determined by its plain language, Mitchell v. Mitchell, 2011 UT App 41, ¶ 5, 248 P.3d 65 (mem.) (citation and internal quotation marks omitted). See also Long, 221 S.W.3d at 9, 11. The hold harmless provision in the Gardners’ divorce decree orders Wife “to assume and pay and hold [Husband] harmless from … the … mortgage.” As recognized in Lemery, to “hold harmless” means “[t]o absolve (another party) from any responsibility for damage or other liability arising from the transaction,” Black’s Law Dictionary 800 (9th ed. 2009). See Lemery, 2001 WL 1160797 at *2 (looking to the definition of “hold harmless” to interpret a hold harmless provision in a divorce decree). By requiring absolution from “any responsibility for damage or other liability,” Black’s Law Dictionary 800 (9th ed. 2009) (emphasis added), the definition of “hold harmless” indicates that Wife must “prevent harm or loss to” Husband regardless of whether he has “actually paid an obligation for which [Wife] has been found liable,” see Long, 221 S.W.3d at 10–12. In addition, the hold harmless provision requires Wife to both “pay” the mortgage and to “hold [Husband] harmless” from the mortgage.”

Gardner v. Gardner, 2012 UT App 374, 294 P.3d 600, 607
This case shows that damages can be assessed in a couple of different ways including difference in interest rate that one could have gotten, or actual damages incurred. The Divorce Lawyers at Arnold & Wadsworth have experience in these types of cases. Call today for a free consultation to examine your rights. Call (801) 475-0123 today.
Divorce Lawyer in Utah

Divorce Attorney in Salt Lake City | Arnold & Wadsworth

The Divorce Attorneys at Arnold & Wadsworth offer a free consultation at either of our Utah offices whether in Salt Lake City or Ogden. This will allow you to ask one of our experienced divorce lawyers questions about your case. Most questions usually revolve around child custody and parenting plans.

In Utah there are two types of custody; legal and physical. It is important that when you are dealing with child custody in your divorce that both types of custody get discussed and decided. With each type of custody comes certain rights and obligations. In order to fulfill your responsibility you will want to know what each custody entails and promotes. A common mistake that people make when going through a divorce is automatically giving custody to the other spouse whether it is legal or physical. Once you do this you forfeit certain rights and obligations that benefit you and your relationship with your children. For example, legal custody gives you the right to have input on major decisions in your children’s lives. This will become apparent while your child is in school, or faces serious and life altering medical decisions. You need to make sure that your child or children have the benefit of your input when it comes to legal custody and the decisions that become of that type of custody.

Call our divorce lawyers today at (801) 475-0123 or visit our Divorce Website at

We look forward to hearing from you and helping you get results in your divorce case.

Divorce Attorneys in Salt Lake City Utah | Arnold & Wadsworth

The divorce lawyers at Arnold & Wadsworth understand the law and divorce in Utah. Our lawyers know that a divorce can be an emotionally and financially trying time for both spouses no matter the circumstances. It can also be looked at as an opportunity to make a fresh start and lay the groundwork for a more stable future for you and your children. At the Law Offices of Arnold & Wadsworth, our divorce lawyers understand the importance of handling the legal matters of a divorce as deftly as possible, to get results for our clients and their children.

Are you facing a divorce and in need of the help of a qualified family law attorney? Contact us today to speak with an experienced divorce lawyer at Arnold & Wadsworth in Salt Lake City, Utah. We can be reached online or by phone. Call our local Salt Lake City office at (801) 475-0123.

A Divorce Lawyer for Salt Lake City, Utah

A divorce carries with it a wide range of legal hurdles and possible complications. The danger is that if any one of these aspects is handled improperly, it could cause setbacks and control your life in an unwanted manner for years to come. Our divorce attorneys work very hard to make sure your rights are protected. This includes presenting a clear case before a divorce judge in your county. We have represented clients up and down the Wasatch Front and look forward to getting you a great outcome from your divorce. Call today for a free consultation with one of our experienced divorce lawyers at (801) 475-0123.

Divorce | Utah | Family Law | Salt Lake City

Arnold & Wadsworth has divorce lawyers that can help you with your legal needs when it comes to child custody, and support. The family law attorneys at Arnold & Wadsworth offer a free consultation at one of their convenient locations. There are offices in Salt Lake City and Ogden Utah. If you are facing a high conflict divorce where you are fighting for custody give us a call today for your free consultation at (801) 475-0123.

Stability for Children in Divorce

You hear it all the time, “the children need stability” and “best interest of the children.” How does this all apply to your divorce situation. According to one study “Living in one location (geographic stability) ensures only one type of stability. Stability is also created for infants (and older children) by the predictable comings and goings of both parents, regular feeding and sleeping schedules, consistent and appropriate care, and affection and acceptance (Kelly, 1997).” Stability usually applies to small children. Therefore if small and older children are involved the smaller children may be the key to custody because the court is not going to split up the children because that goes against one of the considerations that child custody evaluators look at under Rule 4-903 in Utah. If you are facing a situation where the age and stability of the children is being argued you need to make sure you understand the facts and clearly present them to the judge. If you don’t clearly present your case to the judge you run the risk of the court not recognizing your situation and what is in the best interest of the children. Call your Salt Lake City Divorce Lawyers today for a free consultation to make sure you are protecting your rights as a parent.


Alimony Divorce Case | Salt Lake City Alimony Lawyer

The Divorce Lawyers at Arnold & Wadsworth offer a free consultation. With offices in Salt Lake City and Ogden, Utah we have divorce and family law attorneys ready to aggressively protect your rights. Below is an explanation of a recent Utah Court of Appeals case decided concerning alimony.

There was a recent case that decided and explained different types of alimony;

“Alimony awards come in different varieties. See, e.g., Wells, 871 P.2d at 1038–39 (analyzing court’s ability to award temporary alimony); Bell v. Bell, 810 P .2d 489, 493 n. 3 (Utah Ct.App.1991) (“The purpose of rehabilitative alimony is in the short run to close the gap between actual expenses and actual income to enable the receiving spouse to then be better able to support herself when the alimony and schooling end.”); Petersen v. Petersen, 737 P.2d 237, 242 n. 4 (Utah Ct.App.1987) (observing that “reimbursement” alimony is sometimes appropriate). And several of those variants are not considered permanent alimony awards. See Wells, 871 P.2d at 1039 (indicating that temporary alimony is separate and distinct from permanent alimony).”

Beal v. Beal, 2013 UT App 105
In your case you might need “transitional alimony” and the court explained the difference between transitional alimony and permanent alimony as follows;
“While the award here was not expressly characterized as a temporary award, the plain meaning of the phrase “transitional alimony” and the clear intent of the divorce decree demonstrate that the award was not meant to be permanent. “Transition” is not synonymous with permanence, but rather relates to “a passage or movement from one state, condition, or place to another.” See Webster’s Third New Int’l Dictionary 2428 (1993). Therefore, the decree’s “transitional” award is, by definition, an award that is subject to change. Within the framework of this divorce decree, which calls for an alimony review after two years and following the exchange of information that would permit the calculation of a permanent alimony award, an award intended to be reviewed and changed cannot reasonably be viewed as permanent.”

Beal v. Beal, 2013 UT App 105
As you can see from this quote from the case there are different types of alimony and you need to make sure in your divorce that the right type of alimony is given depending on your facts in your divorce case. This is both true for the man or woman in the divorce. For example, if you are the one obligated to pay alimony you need to make sure that you categorize the alimony correctly to make sure you can make it tax deductible and to make sure you are paying under correct guidelines. If you do not have both in place you are set up to fail.
Our divorce lawyers at Arnold & Wadsworth are here to provide you with the professional service you deserve. The divorce attorneys at Arnold & Wadsworth stay current on divorce laws and divorce trends. Divorce involves all facets of the law and therefore you need the divorce lawyers at Arnold & Wadsworth. Call today (801) 475-0123 for a free consultation.

Divorce Lawyers | Salt Lake City | Free Consultation

Going through a divorce in Utah is stressful. When your divorce in Salt Lake City involves children then your stress level is multiplied. The divorce lawyers at Arnold & Wadsworth are here to help you get the best result out of your divorce. Child custody in a divorce revolves around the “best interest” of the children. You will need to establish that by you having custody of your children it is in their best interest. You need to know how to present your case in a clear manner in order for the divorce courts in Utah to understand your argument, and why you having custody is in the best interest of the children.

There is also a financial aspect to your divorce in Utah. In a divorce in Utah you will be required to give an accounting of your finances in order to establish child support, and debt allocation. The issue of alimony may also be an issue in your divorce. The judges in Salt Lake City will review the financials and decide how to allocate the debt and child support. The child support will be decided by a child support calculator after imputing both incomes or arguing for higher incomes for the people getting a divorce.

Call today for a free consultation. Our divorce lawyers in Salt Lake City are ready to help you get what your deserve from your divorce. We look forward to meeting with you.

(801) 475-0123

Legal Separation and Divorce | Utah Lawyers

A divorce is a way to legally terminate the marriage relationship in Utah through the divorce courts. This can be accomplished through an uncontested divorce or a contested divorce. In an uncontested divorce, either there are no issues to be resolved or all issues have been resolved between the parties through a Separation and Property Settlement Agreement. This can be accomplished through mediation or divorce attorney settlement conferences. In a contested divorce, issues such as custody, child support, visitation, division of marital property, retirement, etc. have not been resolved and the husband and wife must seek the court’s help to resolve these difficult issues. We understand that these issues may be stressful and therefore you need an experienced divorce lawyer to help you through the process and give you legal advice.

As part of a divorce, the property of a marriage must be divided. Because the division of property is never predictable in a divorce action, it is best to have a divorce lawyer attempt to negotiate and settle the property distribution with your spouse’s family law attorney. This will enable you to have more control over the outcome of your divorce case. This will also give you more flexibility to move forward in your life in a quick manner.

 Legal Separation Agreements

A Separation and Property Settlement Agreement allows a divorce client to maintain personal control over the outcome of their divorce case or before their divorce complaint begins. It is a detailed contract which contains an agreement based on the rights and obligations of both the husband and the wife with respect to all issues related to the marital relationship. This may include custody of the children, child support, visitation, division of the marital property, health insurance, debts, retirement, and any other issues that have arisen as a result of the marriage. Through such an agreement, divorce clients meet their objectives in a manner that takes less of an emotional toll on themselves and their families than seeking the court’s help through a divorce case. In addition, out of court settlements are far less expensive than seeking the court’s assistance to resolve the issues.

The divorce lawyers at Arnold & Wadsworth will seek out your best interest. We will help you weigh the pros and cons of each decision or settlement. Our job is to educate you on the laws of divorce in Utah and give you intelligent advice for your divorce situation. Feel free to call today for a free consultation. Arnold & Wadsworth has offices in Salt Lake City and Ogden Utah to fit your divorce and family law needs.

Divorce Lawyers in Salt Lake City

Divorce Lawyers in Salt Lake City

Child Custody Evaluations | Utah Divorce Lawyers

What is a Child Custody Evaluation 

A child custody evaluation usually occurs in a divorce action that involves children. In Utah, a child custody evaluation gets ordered at a temporary orders hearing or by motion by either side. One important factor or evidence that gets admitted through the child custody evaluation in your divorce is what is called hearsay evidence. This is evidence that is communicated to the child custody evaluator by the child or children in your divorce. This essentially gives your children a voice in the divorce court proceedings through the evaluator. The difference is that the evaluator in your divorce is going to give a professional opinion as to the best interest of your child or children as it pertains to custody and a parenting plan. This can affect the custody and parent time you have with your child or children in your divorce.

Results from a Child Custody Evaluation

The child custody evaluator will do an evaluation in your Utah divorce and then will meet with both parents (with their divorce lawyers) for what is called a 4-903 conference. This 4-903 conference is really another mediation, but the difference is the evaluator will give their opinion as to what the custody should be and then you will mediate your divorce with your lawyer in a separate room. This mediation can occur at the court house or the law office of one of the divorce attorneys. The purpose is to allow you see what the opinion of the child custody evaluator as it pertains to your children and hopefully that will allow you to settle your divorce as it pertains to custody and parenting time. Sometimes this mediation works and sometimes it fails.

Divorce Lawyers in Salt Lake City

At Arnold & Wadsworth we have divorce lawyers that have experience with child custody evaluations in divorce actions. Call (801) 475-0123 today for a free consultation. Our divorce lawyers will assess your situation to make sure you are considering all angles and opportunities in your divorce action.

Temporary Orders | Divorce Salt Lake City

When facing a divorce in Utah it is likely you will go through a temporary orders hearing. The first question our divorce lawyers get is whether a temporary orders hearing is mandatory; it is not. However, it will give you a good idea and feel for how the rest of your divorce will go. The temporary orders hearing will also give you experience in court, and show you the strengths and weaknesses of your divorce case. While it will include paying your divorce lawyer to prepare the motion and argue the motion in a hearing in divorce court, it will provide you with valuable insight before you reach mediation. Going through a temporary orders hearing will also allow you knowledge and insight in how to present a settlement at mediation.

At temporary orders the issues before the divorce court judge will be; custody, parenting plan, debt allocation, asset division (on a temporary basis), alimony, whether to appoint a guardian ad litem (GAL), whether to appoint a custody evaluator, personal property division, and real property division. A lot of the arguments will come done to how well you present your evidence. This is where it is very valuable to have a divorce lawyer that has experience with the judge you will be in front of. First, you want to make sure your argument is clear and concise. You do not want the judge to consider facts that are not relevant. Second, you need to be clear as to what you want. The judge cannot grant you something in your divorce you do not ask for. Lastly, make sure you respond to their arguments. This is a big hearing and turning point in your divorce. You need to make sure you put your best foot forward.

The divorce attorneys at Arnold & Wadsworth offer a free consultation concerning divorce matters. Feel free to call today and set up a free consultation at (801) 475-0123.

Divorce Lawyers for Women | Utah Divorce Attorneys

If you are women and facing a divorce in Utah you need to make sure you have a divorce lawyer that has represented a lot of women in the past and understands the legal issues they face in family law courts in Utah. The most important of those issues will be the custody of your children. If you do not have children it will be a fair and equitable division of marital assets and alimony. Do not take it for granted that everyone is going to be “fair” and “equitable” when it comes to your divorce.

Child custody is taken very seriously by the divorce courts in Utah. You will need to show the divorce court the positive influence and strength that you have on your children. You will also need to show the court how you have been the primary caretaker of the children and how that needs to continue. Some ways you will be able to show that you are the primary caretaker and it is a positive experience for the children is by giving examples of your children’s days and activities and your role in those activities. Show how well your children are doing in school, and their extracurricular activities. This will help you in your divorce by establishing you as the primary parent.

Another important aspect of your divorce in Utah will be the financial condition of your marriage. You will need to have access to all of the accounts and financials in order to make educated decisions on child support, and alimony. You will need bank statements, tax returns, stock statements, retirement accounts, and any and all cash you or your spouse may be storing. If you do not have access to all of these items we will make sure you get it.

Our experienced divorce lawyers will help you navigate through your divorce and will be aggressive in defending your rights. Call today for a free consultation at (801) 475-0123.